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NICHOLS v. NICHOLS

No. 317.

43 Wis.2d 346 (1969)

168 N.W.2d 876

NICHOLS (LOUISE), Administratrix of the Estate of JESSE F. NICHOLS, Appellant, v. NICHOLS (URSULA), Respondent.

Supreme Court of Wisconsin.

Decided June 27, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Charles Saggio of Milwaukee.

For the respondent there was a brief and oral argument by James Wilbershide of Racine.

BEILFUSS, J.

The principal contention is that the divorce decree, by giving each joint tenant a right to sell, severed the joint tenancy in the real estate.

The argument is seemingly made that neither the husband nor the wife, as joint tenants of real estate, has the power to sell and that a divorce severs the tenancy. This may well have been the effect of a divorce upon a tenancy by entirety, but this court has clearly held that by the enactment of the married...

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